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§ 525. —  Construction and operation of bridges.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 33USC525]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
 
                SUBCHAPTER III--GENERAL BRIDGE AUTHORITY
 
Sec. 525. Construction and operation of bridges


(a) Consent of Congress

    The consent of Congress is granted for the construction, 
maintenance, and operation of bridges and approaches thereto over the 
navigable waters of the United States, in accordance with the provisions 
of this subchapter.

(b) Approval of plans

    The location and plans for such bridges shall be approved by the 
Secretary of Transportation before construction is commenced, and, in 
approving the location and plans of any bridge, the Secretary may impose 
any specific conditions relating to the maintenance and operation of the 
structure which the Secretary may deem necessary in the interest of 
public navigation, and the conditions so imposed shall have the force of 
law. This subsection shall not apply to any bridge over waters which are 
not subject to the ebb and flow of the tide and which are not used and 
are not susceptible to use in their natural condition or by reasonable 
improvement as a means to transport interstate or foreign commerce.

(c) Private highway toll bridges

    Notwithstanding the provisions of subsections (a) and (b) of this 
section, it shall be unlawful to construct or commence the construction 
of any privately owned highway toll bridge until the location and plans 
thereof shall also have been submitted to and approved by the highway 
department or departments of the State or States in which the bridge and 
its approaches are situated; and where such bridge shall be between two 
or more States and the highway departments thereof shall be unable to 
agree upon the location and plans therefor, or if they, or either of 
them, shall fail or refuse to act upon the location and plans submitted, 
such location and plans then shall be submitted to the Secretary of 
Transportation and, if approved by the Secretary of Transportation, 
approval by the highway departments shall not be required.

(Aug. 2, 1946, ch. 753, title V, Sec. 502, 60 Stat. 847; June 30, 1949, 
ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1949 Reorg. Plan No. 7, 
Sec. 1, eff. Aug. 19, 1949, 14 F.R. 5288, 63 Stat. 1070; Pub. L. 97-322, 
title I, Sec. 107(a), Oct. 15, 1982, 96 Stat. 1582; Pub. L. 97-449, 
Sec. 2(d)(1), (3), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 98-557, 
Sec. 17(g)(2), Oct. 30, 1984, 98 Stat. 2869.)


                               Amendments

    1984--Subsec. (b). Pub. L. 98-557 struck out ``the Chief of 
Engineers and'' before ``the Secretary of Transportation'' and 
substituted ``the Secretary'' for ``they'' wherever appearing.
    1983--Subsec. (b). Pub. L. 97-449, Sec. 2(d)(1), substituted 
``Secretary of Transportation'' for ``Secretary of War''. See Transfer 
of Functions note below.
    Subsec. (c). Pub. L. 97-449, Sec. 2(d)(3), substituted ``Secretary 
of Transportation'' for ``Public Roads Administration'' wherever 
appearing. See Transfer of Functions note below.
    1982--Subsec. (b). Pub. L. 97-322 inserted exemption provision at 
end.


                               Short Title

    Section 501 of title V of act Aug. 2, 1946, provided that: ``This 
title [enacting this subchapter] may be cited as the `General Bridge Act 
of 1946'.''

                          Transfer of Functions

    Functions, powers, and duties of Secretary of the Army [formerly 
War] and other offices and officers of Department of the Army [formerly 
War] under this section to extent that they relate generally to location 
and clearances of bridges and causeways in navigable waters of United 
States transferred to and vested in Secretary of Transportation by 
section 6(g)(6)(C) of Pub. L. 89-670. Pub. L. 97-449 amended this 
section to reflect transfer made by section 6(g)(6)(C) of Pub. L. 89-
670, and repealed section 6(g)(6)(C).
    Functions of Public Roads Administration transferred to Bureau of 
Public Roads within General Services Administration by section 103(a) of 
act June 30, 1949. See text of, and Historical and Revision Notes under, 
section 303(b) of Title 40, Public Buildings, Property, and Works.
    Bureau of Public Roads within General Services Administration 
transferred to Department of Commerce by section 1 of Reorg. Plan No. 7 
of 1949.
    For transfer of functions of other officers, employees, and agencies 
of Department of Commerce, with certain exceptions, to Secretary of 
Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, 
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in 
the Appendix to Title 5, Government Organization and Employees.
    Functions, powers, and duties of Secretary of Commerce and other 
offices and officers of Department of Commerce under subsec. (c) of this 
section relating generally to highways transferred to and vested in 
Secretary of Transportation by section 6(g)(6)(C) of Pub. L. 89-670. 
Pub. L. 97-449 amended this section to reflect transfer made by section 
6(g)(6)(C) of Pub. L. 89-670, and repealed section 6(g)(6)(C).


             Reservation of Right To Alter, Amend, or Repeal

    Section 511 of title V of act Aug. 2, 1946, provided that: ``The 
right to alter, amend, or repeal this title [this subchapter] is hereby 
expressly reserved as to any and all bridges which may be built under 
authority hereof.''

                  Section Referred to in Other Sections

    This section is referred to in title 23 section 144.



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